01-17-2006 - George Arroyo vs. City of West Covinato
40 City of West Covina
TO:
FROM:
SUBJECT:
Andrew G. Pasmant; City Manager
and City Council
Erin Patricia Hoppe
Risk Manager
MEMORANDUM
AGENDA
ITEM NO. D-2d
DATE January 17, 2006
GEORGE ARROYO VS. CITY OF WEST COVINA
RECOMMENDATION:
It is recommended that the property damage claim of George Arroyo be denied and the claimant be
so notified.
DISCUSSION:
This claim arises from an incident that occurred on October 21, 2005. Claimant alleges that the
City was negligent in its maintenance of public property. Claimant allegedly came into contact
with wet paint while in the men's restroom at Cortez Park resulting in damage to his clothes.
Claimant alleges that there were no signs posted to warn of the wet paint, and he is seeking to
recover damages in the amount of $110.00 to replace his damaged clothing.
Investigation by the Environmental Management Department does not substantiate liability on the
part of the City. On the date of this incident, Urban Graffiti Enterprise painted over some graffiti in
the men's restroom at Cortez Park. Since the damage is directly related to work being completed
by Urban Graffiti Enterprise, the claim has been tendered to them for further handling, per the
service agreement.
After a review of the investigation in this matter, staff and the City's claims administrator, Ward
North America, Inc., determined the City was not negligent in its maintenance of public property
and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
FISCAL IMPACT:
Claimant is seeking damages in the amount of $110.00 which staff is recommending be denied.
Prepared by:
Debbie Dominguez v
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager